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It was a moment like no other when courts last week delivered decisive judgments, bringing to a close a long and protracted battle for control of the Jubilee Party.
Justice Mulwa ruled Monday that a February 2 notice calling for the Jubilee Party's National Executive Committee (NEC) meeting was improperly issued, nullifying all actions taken since.
The suspended party officials, including former Secretary-General Jeremiah Kioni, former Vice Chair David Murathe, and NEC member Kagwe Gichohi, were reinstated.
The officials had been suspended following an NEC meeting held on February 10 and were referred to the National Disciplinary Committee.
The committee expelled Kioni and Murathe and suspended Gichohi, a decision ratified in another NEC meeting on May 19.
Justice Mulwa also overturned a prior ruling by the Political Parties Disputes Tribunal, which had upheld the suspensions.
The court noted the tribunal erred and ruled that the appellants had attempted to resolve the dispute internally before seeking judicial intervention. Jackson Awele was the lawyer who represented Jubilee in the case at Nairobi High Court and also represented Joseph Kagai at the Employment and Labour Relations Court.
In a separate decision, the Employment and Labour Relations Court gave seven Jubilee officials a 30-day deadline to choose between their state appointments or party positions.
Among them were Deputy Party Leaders Naomi Shaban, Jimmy Angwenyi, and Peter Mositet. The court ruled holding both roles violated constitutional provisions.
Beyond the courtroom, the political battle took a dramatic turn when a faction led by Kanini Kega stormed Jubilee's headquarters in Kileleshwa in an attempt to forcibly remove Kioni from office.
The faction, seeking to align the Party with President William Ruto's Kenya Kwanza government, has been engaging in a struggle with former President Uhuru Kenyatta and the Azimio La Umoja - One Kenya Coalition
The dispute also surfaced in Parliament when National Assembly Speaker Moses Wetang'ula recognised Jubilee as a parliamentary party and named Sabina Chege as party whip.
Wetang'ula said, “Jubilee is hereby recognised as a parliamentary party within the meaning of Standing Order 20A. Sabina Chege will serve as party whip for the time being.”
The battle centres on whether Jubilee should remain in the opposition or align with the government.
Kioni claimed there was a plot to pull Jubilee out of the Azimio Coalition.
“They want to buy time and manipulate political parties until Jubilee is out of Azimio,” he said in a May interview with Spice FM.
In June, the Sabina-Kanini faction announced its exit from Azimio's coalition agreement.
Kega said, “The NEC of Jubilee resolved to withdraw from the deed of agreement for the Azimio la Umoja-One Kenya Coalition.”
Kioni has since extended an olive branch to the opposing faction. “We welcome those who caused conflict, with open arms, to engage the grassroots,” Kioni said Monday.
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